Alex Irvine of Drum, Esq, and His Guardians v The Right Hon George, Earl of Aberdeen, Mrs Margaret Duff of Coulter, Formerly Widow of Patrick Duff, Esq, Now Wife of Alexander Udny, Esq, and Him for His Interest: HL 2 Apr 1770

References: [1770] UKHL 2_Paton_249
Links: Bailii
Ratio Decret of Sale – Exclusive Title.-
When a decree of sale is impugned, as having been fraudulently obtained, held that production of such decree is not a sufficient title to exclude exhibition of other writs specially called for, as the grounds and warrants on which it proceeded, nor a bar to the action raised for restoration of an entailed estate sold for the entailer’s debts; reversing the judgment of the Court of Session.

Last Update: 14-Apr-16
Ref: 561677